Bipin Bihari Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13321 of 2018 ====================================================== Bipin Bihari Singh son of Ramayodhya Singh, resident of Village- Siswa Mangal, P.S.- Dhaka, District- East Champaran ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

2. The Principal Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3. The Collector-Cum- District Magistrate, East Champaran, Motihari.

4. The Superintendent of Police, East Champaran, Motihari.

5. The Superintendent of Excise, East Champaran, Motihari ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Adv.

For the Respondents :

Mr. Anil Kr. Sinha- Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-07-2018 This writ petition has been filed for release of motorcycle, bearing registration no. BR-05J-7883 which has been seized in connection with Dhaka P.S. Case No. 378 of 2016 due to violation of the Bihar Prohibition and Excise Act, 2016.

It is common ground that in various cases, identical in nature, pending finalization of the confiscation proceedings, vehicles have been directed to be released by this Court on various conditions and we seen no reason to make a deviation in the present case.

Keeping in view the aforesaid, it is directed that pending finalization of the confiscation proceedings and

Patna High Court CWJC No.13321 of 2018(2) dt.16-07-2018 2/2 criminal cases, the aforesaid vehicle in question shall be released to the petitioner on his furnishing the two sureties to the satisfaction of the District Magistrate, East Champaran at Motihari, within a period of one week from the date of his furnishing the sureties and further undertaking to produce the vehicle as and when directed by the authority concerned and not to alienate or deal with the vehicle in question during the pendency of the confiscation proceedings and criminal case so as to cause adverse effect or prejudice to the State Government. The valuation of the vehicle shall be done as per the valuation shown in the insurance papers.

With the aforesaid, the writ petition stands allowed and disposed off.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Shamshad/- U